Thread: Mexican trucks roll on despite Congress' ban

Mexican trucks roll on despite Congress' ban
January 5, 2008

By Andrew Taylor
ASSOCIATED PRESS - The Bush administration is going ahead with a pilot program giving Mexican trucks greater access to U.S. highways despite a new law from Congress against it.

The decision to proceed with the four-month-old program, which allows participating Mexican trucking companies to send loads throughout the United States, comes despite language in the recently signed catchall spending bill aimed at blocking it.

The Department of Transportation is taking advantage of a loophole in the new law, which prohibits the government from spending any money to establish the program. The government says the new rules don't apply to the current program because it was started in September.

"The U.S. Department of Transportation will not establish any new demonstration programs with Mexico," said Federal Motor Carrier Safety Administration spokeswoman Melissa Mazzella DeLaney. "The current cross-border trucking demonstration project — established in September — will continue to operate in a manner that puts safety first."

Congressional opponents of the programs insist that it's clear what lawmakers were trying to do last year when both the House and Senate voted against allowing the program to go forward.

The provision, as signed by President Bush last month, says: "None of the funds made available under this act may be used to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico."

"They know what the law says," retorted Sen. Byron L. Dorgan, North Dakota Democrat, who won a 74-24 vote to block the program. "And they're not above the law." Mr. Dorgan warned they had better follow the law.

The fiercely contested program, opposed by labor unions, independent truck owners and environmental groups, permits up to 500 trucks from 100 Mexican motor carriers full access to U.S. roads.

Opponents have been fighting the measure since it was proposed as part of the 1994 North American Free Trade Agreement, saying the program will erode highway safety and eliminate U.S. jobs. And they say that insufficient safeguards exist to make sure Mexican trucks are as safe as U.S. vehicles.

"When you open up U.S. highways to long-haul Mexican trucks without equivalent safety standards, it poses risks for American drivers," Mr. Dorgan said.

Supporters of the plan say letting more Mexican trucks on U.S. highways will save American consumers hundreds of millions of dollars. And they say U.S. trucking companies will benefit because reciprocal changes in Mexico's rules permit U.S. trucks new access to that country.

Widespread opposition to the program has not waned in Congress. The House voted without a roll call in July to block the program, and the Senate's 3-to-1 margin in September to block it came despite administration assurances that safeguards were in place to "ensure a safe and secure program."

The Teamsters Union, Sierra Club and Public Citizen joined a lawsuit filed in August seeking to block the program.

A hearing is scheduled for Feb. 12 in the 9th Circuit Court of Appeals in San Francisco, Teamsters spokeswoman Leslie Miller said.
http://www.washingtontimes.com/apps/pbc ... e=printart

Originally Posted by zeezil

Supporters of the plan say letting more Mexican trucks on U.S. highways will save American consumers hundreds of millions of dollars. And they say U.S. trucking companies will benefit because reciprocal changes in Mexico's rules permit U.S. trucks new access to that country.

All of the long-hall truckers I talk to all say that even if they agreed with the program (which they don’t) that they would be too afraid to drive south of the border. Too many reports of hijackings, pirates, murders, and plan don’t trust the corrupt Mexican police for any sort of protection. (Based on reports from Mexican truckers)

So this line is a total and complete farce, right along with the other BS they are trying to jam down the Americans throats.

Bush and his globalists are a bunch of bustards, starting with his “New World Orderâ€

Mexican trucks defy Congress, still roll
Bill cuts off funds, but Bush insists program can continue
--------------------------------------------------------------------------------
Posted: January 5, 2008
1:00 a.m. Eastern
By Jerome R. Corsi
© 2008 WorldNetDaily.com

A constitutional crisis is developing between Congress and the Department of Transportation over the federal government's decision to continue its project allowing Mexican trucks on U.S. roads, in defiance of new legislation.

"The DOT response is both arrogant and wrong!" Sen. Byron Dorgan, D-N.D., wrote in a letter yesterday to Secretary of Transportation Mary Peters.

Federal Motor Carrier Safety Administration officials told the San Diego Union Tribune the cross-border Mexican truck demonstration project would continue because the program was established in September and the amendment allows programs that have already begun to continue.

But Dorgan insisted a provision in the 2008 omnibus spending bill was "clearly written and designed to put the brakes on the current pilot program."

"Failure to end the pilot program, I believe, will put the Department of Transportation in direct violation of federal law," the senator charged.

As WND reported in September, the amendment championed by Dorgan to remove funding for the project from the 2008 DOT appropriations bill passed the Senate by a bipartisan majority of 74-24.

The amendment survived into the Consolidated Appropriations Act which President Bush signed Dec. 26.

WND left a message with Melissa DeLaney, a spokeswoman for the FMCSA, asking for comment but received no reply.

Polly W. Craighill, legislative counsel to the Senate, wrote a formal letter to Dorgan, at the senator's request, arguing the clear legislative intent of his amendment was clear.

"No funds made available under the Consolidated Appropriations Act, 2008 were to be used in fiscal year 2008 to establish or implement a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico," Craighill wrote to Dorgan Dec. 28.

Craighill further expressed an opinion that the legislative history in the Senate established clearly the purpose was to preclude the carrying out of any demonstration program, including the pilot program put into effect in September.

"DOT is showing a blatant disregard for U.S. laws," Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association, or OOIDA, told WND in a phone interview.

"The Bush administration is showing itself to be a rogue administration," Spencer said. "I understand the need to reduce the size of government, but I didn't realize it could involve doing away with the entire legislative branch.

"It's outrageous and hypocritical for the Bush administration to be preaching democracy around the world, while blowing off democracy at home," he added.

The Teamsters expressed outrage as well.

"The Bush administration should enforce the law, not break it," Leslie Miller, communications coordinator for the International Brotherhood of Teamsters told WND in a telephone interview.

Both OOIDA and the Teamsters have launched federal law suits aimed at blocking the continuance of the Mexican truck project.

The FMCSA website currently lists 11 Mexican trucking companies that remain authorized to cross the border with their long-haul rigs and operate anywhere in the U.S.
http://www.wnd.com/news/article.asp?ARTICLE_ID=59546

"The current cross-border trucking demonstration project — established in September — will continue to operate in a manner that puts safety first."

So, when is THAT going to start?

Related threads:

http://www.alipac.us/ftopict-97087.html

http://www.alipac.us/ftopict-96966.html

Added to Homepage:
http://www.alipac.us/article-2841--0-0.html

I find it amazing that this current administration can continue to break federal laws and so few appear terribly outraged by this.

It is a shame that the Mexican workers will continue to be exploited while never having to work at the same standards as our American drivers. At another < a href="http://www.dailykos.com/story/2008/1/4/204329/6848/410/430808">site</a> I cross posted blogs that appeared explaining the story in a few different angles -- I think it would be interesting, at best, to hear from a lot of folks on this issue.

-Richard Negri / Union Review

RichardTeamster:

Hi there, welcome aboard!

Yes, indeed. You'll have little difficulty in convincing the vast majority of folks here that that Bush Administration has ventured into some serious breaches of Constitutionality - in a way never or rarely seen before in the history of this great country. I lived through the Nixon administration and was old enough (just barely) to see what impact and chaos it caused at the time. I honestly didn't think I'd see such chaos since Nixon, but Bush II proved me wrong.

I haven't seen your other blogs/post, but I'll check it out after I get done here.


Oh, also, regarding the Mexican truckers... well, while I don't wish them ill-will, our first and foremost concern on this forum is with our fellow American workers first! - and always will be.

Further, if you're into the purely mundane bureaucratic aspect of the trucking pilot program/NAFTA... recall, that NAFTA (and the trucking pilot program under which auspices it operates) was an agreement - NOT A TREATY (a formal treaty requires the approval of Congress) - eg. it was 'implemented' (or perhaps, 'imposed' is a better word) by the executive branch. I don't know about you, but I'm 100% with Byron Dorgan on this one - and I'm really glad he continues to speak out about it (trucking pilot program, that is...)

Welcome aboard.

Phred
Admin/Moderator

PS. My grandfather (now deceased) was a proud Teamster (and an all around great man)

Hi Phred,
Thanks for the warm welcome and the note back.

I want to be clear that my first and foremost interest in this issue is with the American workforce. There are many of our drivers who have made a living (read, set up their whole business plan, if you will) by off-loading the Mexican trucks 20 miles into the US border ... and then taking them to their final destination. With the advent of the Department of Transportation basically telling Dorgan to piss off and "we'll do what we want," there are many jobs at stake, and that's just the beginning. What about the future of freight forwarding going to Mexican companies to save a dime here and there? Do we need this in the United States?

The safety issues that Senator Dorgan pointed out in his letter to Ms. Peters at the DOT ... which were outlined in the amendment should not be ignored by any American citizen, pro-union or otherwise. The deal is very simple when brought down a notch: If a Mexican trucker runs you and your family (Gd forbid) over, the law will give the driver a fine and send him back to Mexico ... that's it! The states have no way of tracking down these drivers' records, their licenses or anything else -- and Mexico isn't doing it in the first place. If that scenario played out with me behind the wheel, I would be facing vehicular manslaughter. If I had a DUI ... forget it, they might as well get me on the electric chair and call FOX TV.

This is all drop dead serious stuff. I (nor the Teamsters) have anything against the Mexican drivers. This is not at all about immigration for me ... this is about the exploitation of Mexican workers while our own workers are getting shafted, once again.

I would write more but my bank just called regarding my mortgage.

-Richard Negri /Union Review

Hi Richard,

No worries, I figured I had a pretty good idea on where you were 'coming from' philosophically in what you posted.

Re: the safety issues / violation with the Mexican trucks - yep, many of us are aware of that already and many of us here have made many calls, sent faxes, called our elected representative, etc. to make our voices heard - and, risking speaking for most everyone here, I'll say we're not happy about this situation either. No way, no how.

Re: Mexican truckers, American truckers; yes, I basically understand what you're saying here too. I'd just footnote, that we (again, risking for people that have not voiced their direct opinion on this thread...) are a bit more restrained in our concern for what takes place on the Mexican side of the border. Mexico, the government of Mexico, Mexican trucking firms are responsible for the welfare and treatment of it's truckers. Similarly, we are responsible for the well being of our truckers just the same.

Re:

This is all drop dead serious stuff. I (nor the Teamsters) have anything against the Mexican drivers. This is not at all about immigration for me ... this is about the exploitation of Mexican workers while our own workers are getting shafted, once again.

I don't think anyone here has any personal animosity (minus the exception of someone that's been a victim of an accident, or lost a job [I DO KNOW a current trucker - that drives into CA, BTW...] about Mexican truckers. At the same time, any time you have 2 nations in close proximity, having a significant difference in living standards, with a largely uncontrolled border... it quickly becomes, necessarily, an issue about immigration. The economic 'pull' to the higher standard of living will exist, and will pull many from the poorer nation - (in the absence of means to control the movement flow and employment prospects in the wealthier country). This phenomenon has been taking place throughout the world for hundreds or even thousands of years.
So, I guess, I'll have to politely qualify or disagree about this point - it *IS* about immigration, or has strong immigration implications - to us, at least.

Following on the above point, oh, no explanation is necessary about the seriousness of the matter here. Many of our users ply the same highways that these Mexican trucks are or will be moving along. They KNOW, very well - as many of our members here have deep roots in and along the border areas - that there are large risks to public safety and concern for all of our fellow citizens that are now at greater risk. We are especially keen on following media and government reports on the subject (due to all the publicity on the pilot program, there is a strong incentive by the USDoT and large networks perhaps, to try to 'ditch' any bad publicity)

Sorry for the long post. But, your question or points you made were good and I think a lot of our users here would like to hear more about how you folks are handling all this and how we can help each other to better effect positive results for both of us. Oh, I just remembered... we do have some trucking people on our boards here, but I have noticed that they have not posted here yet. It's a weekend, and many people enjoy a little down time away from the boards. Maybe check back in a day or two and see what develops.

Finally, gee whiz. Sorry to hear about the mortgage call. That has been happening much too often to a lot people. I hope it proves to be nothing significant.

Please come on back and keep us informed on the issue - that, in itself, is much appreciated.

-PhredE

Editing in after-the-post here... I'd be remiss for omitting mention of this -

Forgot to mention... many folks here also do not want any erosion of our national sovereignty that is occurring under the NAU/SPP. "Integrating the economies" [of Canada, the US and Mexico] is an idea hatched by multinational corporatists, and is poised to undermine America's middle and working classes standard of living (via low wage mass importation of workers from Central and South American in particular). Almost everyone on the forum is keenly aware of this 'plan', and is dead set against it.